International Family Law News and Comment

International Children Law Focus

Defences under Articles 12 and 13(a): consent, acquiescence and settlement

Deiniol Cellan-Jones

Charlotte Hartley

1 King's Bench Walk

14 April 2012

Introduction

The defences of acquiescence under Article 13(a) and settlement are closely related notwithstanding a defence under Article 12 is only available when more than 12 months have elapsed between the alleged wrongful removal/retention and the issue of proceedings. There is frequently a factual overlap; delay in issuing an application under the Hague Convention may allow the child to settle in his new jurisdiction, and delay can simultaneously be interpreted (and pleaded) as evidence of acquiescence on the part of the applicant.